The meaning of "when clear evidence under Article 420 (5) of the Criminal Procedure Act is newly discovered"

The term "when clear evidence is newly discovered" as provided in subparagraph 5 of Article 420 of the Criminal Procedure Act means the time when, in the litigation procedures in the finalized original judgment, no evidence has been found or could not be submitted even if it was discovered, and the evidence is found or can be submitted that the objective advantage is recognized compared to that of other evidence in the value of evidence.

Article 420(5) of the Criminal Procedure Act

Supreme Court Order 62Mo26 Decided April 27, 1965 81Mo7 dated February 21, 1981 81Mo12 Decided May 21, 1981

Re-Appellants

Attorney Tae-chul et al.

Seoul High Court Order 80Ro33 dated February 10, 1983

The reappeal is dismissed.

The grounds of reappeal are examined.

When clear evidence under Article 420 subparagraph 5 of the Criminal Procedure Act is newly discovered, the term "when it was not discovered in the litigation procedures in the finalized original judgment, or even if it was discovered, and it was impossible to submit it, and the evidence is the time when it was discovered or is possible to find or submit an objective superior advantage compared to that of other evidence (see, e.g., Supreme Court Order 81Mo12, May 25, 1981). Thus, the records are examined, and it is not possible to find any circumstances that a certified copy of the theory of lawsuit or a contract for the establishment of a special agreement agency cannot be submitted after the final judgment was made, and it is not possible to find any such circumstance that it was impossible to submit a new one after the final judgment was made, and the value of evidence is objectively superior to other evidence. Therefore, the court below's ruling dismissing the request for a retrial because it does not constitute a new evidence, and thus, it is not possible

Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Jeon Soo-hee (Presiding Justice)